Lukman Olabiyi

The Federal High Court, Lagos has fixed March 3, for hearing of a suit challenging  the nullification of National Theatre Complex concession by the Attorney General of the Federation (AGF), Abubakar Malami (SAN), the Minister of Interior, Rauf Aregbeshola and others. 

Apart from Malami and Aregbesola, others also listed in the suit as respondents are National Theatre, National Troupe of Nigeria Board, Infrastructure Concession Regulatory Commission, Central Bank of Nigeria, Access Bank and Herbert Wigwe.

The respondents were dragged before the court by a company, Topwideapeas Ltd.

Among the prayers of the claimant in the suit filed through its counsel, Mr Chijoke Okoli, SAN is a declaration, that it is unlawful for the respondents,  to truncate and nullify its rights as the concessionaire of the fallow land at the National Theatre, by inducing a breach of its contract.

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A court declaration that the claimant has a valid and binding contract on the concession of the fallow land surrounding the National Theatre Complex in terms of the updated draft concession agreement between it and the Federal Government.

The company also wants the court to declare that the approval of the Federal Executive Council, as being a mere formality in the circumstances.

Besides, the claimant prayed the court for an order of perpetual injunction, stopping the respondents and their agents or privies, from interfering or doing anything whatsoever, inconsistent with the company’s right as the concessionaire of the fallow land in and about the National Theatre Complex.

The company is also claiming the sum of N1 billion as damages from the respondents.

In the affidavit in the support of the suit, the claimant described itself as a special purpose entity for the acquisition of the management right over the National Arts Theatre and its undeveloped lands in Lagos for which S3.5billion was earmarked for its development.